Legal Question in Family Law in Florida
if a father gives up parental rights does that mean he gets out of child support. my wife has a little girl with another man and he says if she goes after him for child support he will sign his parental rights away.
3 Answers from Attorneys
Yes, if a father's rights are terminated, he no longer is required to pay child support (but he still owes back child support). But it's not that eay. A father cannot simply give up his father's rights unless the mother agrees and unless the mother is married and her husband immediately agrees to adopt. A child cannot be left without a father, so the termination of the biological father's rights and the adoption by the new mother's husband must occur during the same hearing and with all parties consenting.
He cannot just sign his rights away, That is up to the court.